- 1 - HC-KAR NC: 2025:KHC:50746 WP No. 35838 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35838 OF 2025 (GM-PDS) BETWEEN: BANGALORE EAST TALUK AGRICULTURAL PRODUCE CO OPERATIVE MARKERING SOCIETY LTD., (A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) OFFICE AT OLD MADRAS ROAD KRISHNARAJAPURAM, BENGALURU - 560 036 REPRESENTED BY ITS SECRETARY SRI. B.J. RAVINDRA, …PETITIONER (BY SRI. PRASANNA KUMAR P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, FOOD, CIVIL SUPPLY AND CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, NO. 8, CUNNINGHAM ROAD, BENGALURU - 560 052. 2. THE COMMISSIONER, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, KARNATAKA STATE CO-OPERATIVE MARKETING FEDERATION BUILDING, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50746 WP No. 35838 of 2025 NO. 8, CUNNINGHAM ROAD, BENGALURU - 560 052. 3. JOINT DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, KARNATAKA STATE CO-OPERATIVE MARKETING FEDERATION BUILDING, NO. 8, CUNNINGHAM ROAD, BENGALURU - 560 052. 4. DEPUTY DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, KARNATAKA STATE CO-OPERATIVE MARKETING FEDERATION BUILDING, NO. 8, CUNNINGHAM ROAD, BENGALURU - 560 052. 5. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, BEHIND KANDAYA BHAVANA, K.G.ROAD, BENGALURU - 560 009. …RESPONDENTS (BY SRI. SIDARTH BABURAO, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 17.10.2025 BEARING NO.G.A. (NA.) AA.SA.SAA.TEN/12/2024-25 ISSUED BY THE 3RD RESPONDENT/JOINT DIRECTOR, FOOD AND CIVIL SUPPLIES, BENGALURU CITY, PRODUCED VIDE ANNEXURE-A AND ETC., - 3 - HC-KAR NC: 2025:KHC:50746 WP No. 35838 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 5. 2. Petitioner is before this Court, seeking for the following reliefs: "a) Issue a Writ/order/direction in the nature of certiorari quashing the impugned endorsement dated 17.10.2025 bearing No.G.A. (Na.) Aa.Sa.Saa.Ten/12/2024-25 issued by the 3rd respondent/Joint Director, Food and Civil Supplies, Bengaluru City, produced vide ANNEXURE-A; and b) Issue a Writ/ order/direction in the nature of certiorari quashing the Impugned publication No. Gi.A. (Na) Aa: Hoo/Nya.Be.Am.Pra. (Poo)02/24-25 bearing dated 12.11.2025 issued by the 3rd respondent/Joint Director, Food and Civil Supplies, Bengaluru City, in relation to Gunjur Area (Ration Carde346), produced vide ANNEXURE-B: and c) Issue a Writ/order/direction in the nature of certiorari quashing the impugned publication bearing dated No.Gi.A. (Na)Aa: Hoo/Nya.Be.Am.Pra. (Poo)02/24-25 12.11.2025 Issued by the 3rd respondent/Joint Director, Food and Civil Supplies, Bengaluru City, in relation to Seegehalli Area (Ration Card:921), produced vide ANNEXURE-C; and d) Issue a Writ/order/direction in the nature of certiorari quashing the impugned publication bearing dated No.Gi.A.(Na)Aa: Hoo/Nya.Be.Am. Pra. (Poo)02/24-25 12.11.2025 issued by the 3rd respondent/Joint Director, Food and Civil Supplies, Bengaluru City, in relation to Gandhipura Area (Ration Card, 1248), produced vide ANNEXURE-D; and - 4 - HC-KAR NC: 2025:KHC:50746 WP No. 35838 of 2025 e) Issue a Writ/order/direction in the nature of certiorari quashing the impugned publication bearing No.Gi.A.(Na)Aa: Hoo/Nya.Be.Am.Pra. (Poo)02/24-25 dated 12.11.2025 issued by the 3rd respondent/Joint Director, Food and Civil Supplies, Bengaluru City, in relation to Whitefield Area (Ration (nad, 977), produced vide ANNEXURE-E; and f) Issue a Writ/order/direction in the nature of certiorari quashing the publication bearing dated impugned No.Gi.A.(Na)Aa: Hoo/Nya.Be.Am.Pra. (Poo)02/24-25 12.11.2025 issued by the 3rd respondent/Joint Director, Food and Civil Supplies, Bengaluru City, in relation to Hirandahalli Area (Rationed No3 760), produced vide ANNEXURE-F; and g) Pass such other or further orders as this Hon'ble Court deems fit in the facts and circumstances in the interest of justice and equity." 3. The petitioner had earlier participated in an auction in a tender for being appointed as a retail transport. One of the clauses in the tender document was that, "if successful award of a bid to a TAPCMS, it would have to surrender either of the two, namely, the wholesale depot or the fair price depot. In case it has authorization for both." 4. In pursuance thereof that the petitioner, who had filed a Writ Petition No. 25805/2022, which came to be disposed on 20.11.2023 the petitioner surrendered the fair price authorization and obtained the license for running the - 5 - HC-KAR NC: 2025:KHC:50746 WP No. 35838 of 2025 retail transport business for being appointed as a retail transport. 5. The petitioner is now before the Court challenging the notification which had been issued for inviting applications/tenders for the fair price depot, which had been surrendered. What the petitioner is seeking in the present matter is to continue to retain the contract in respect of the transport contract and now to participate in the notification which has been issued in respect of running of a fair price shop. The petitioner in the earlier round of litigation in W.P.No.25805/2022 in pursuance of the litigation W.P.No.25805/2022 had surrendered the licence for the fair price depot in order to obtain the transport licence. At that time, the petitioner, having chosen the transport license over the fair price depot and having availed the benefit of obtaining the transport license now once again wants to participate in a notification issued for a fair price depot and contends that the petitioner cannot be stopped from doing so. - 6 - HC-KAR NC: 2025:KHC:50746 WP No. 35838 of 2025 6. The running of a fair price depot is in actuality a largesse being extended by the State and the manner in which the said allotment could be made is also detailed out in the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016. The priority of allotment has also been categorically defined under the said Order 2016, which indicates that it is only the persons who qualify who could participate and be allotted a fair price shop. 7. For this reason, I am of the considered opinion that allotment of a fair price shop is allotment of a largesse of the State, more so when the same are also transferred on a compassionate basis. The petitioner herein, having chosen the transport contract over the fair price depot authorization and having surrendered the said authorization to satisfy the requirement of obtaining the transport contract, cannot now seek to participate under the notification issued in respect of a fair price depot, thereby trying to get both the benefits of the transport - 7 - HC-KAR NC: 2025:KHC:50746 WP No. 35838 of 2025 contract and the fair price depot, which was the condition for obtaining the transport contract. 8. The submission of learned counsel for the petitioner that the transport contract and the fair price depot are in different taluks would have no relevance inasmuch as the benefit would still continue to inure to the petitioner irrespective of where the contract for transport and/or running of the fair price shop is situated. 9. In that view of the matter, I do not find any merit in the present petition. The petition stands dismissed. 10. Accordingly, I.A.No.1/2025 is allowed. SD/- (SURAJ GOVINDARAJ) JUDGE rv List No.: 1 Sl No.: 21